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49ers Aldon Smith Plead No Contest to DUI Charges and Now Struck With 9 Game Suspension

49ers Aldon Smith Plead No Contest to DUI Charges and Now Struck With 9 Game Suspension

The hammer of NFL commissioner Roger Goodell has fallen hard on 49ers linebacker Aldon Smith.  Goodell suspended Smith for nine football games due to his violations of the NFL’s personal conduct policy and substance abuse policy.  Smith will start his suspension this Saturday and will finish on November 10th, the day after the 49ers play the New Orleans Saints.

The heavy suspension came shortly after Smith wrapped up his criminal cases involving DUI, possession of marijuana, and possession of weapons.  Just before the start of training camp, the 24 year-old plead no contest to the DUI and weapons charges and was sentenced to three years of probation and 11 days of work crew.

After his DUI arrest back in September 2013, Smith was suspended indefinitely from the team and sought out help with substance abuse.  He enrolled himself in an in-patient treatment center and has claimed he has remained sober ever since.  When deciding Smith’s punishment, Goodell said he considered Smith’s time in rehab and that it was in his favor.

Niners general manager Trent Baalke supported his star athlete when he released this statement on Friday, “Our organization has known this decision would come and we have prepared for it as a team. Aldon has taken responsibility for his actions and has continued to show growth personally and professionally. We will continue to support him, but it is time to put this matter behind us and focus on the season ahead.”

And yes, they better focus on their season ahead, because the Seahawks are ready to be the World Champs again! Go Hawks!!

 

Written by Senior DUI and Criminal Defense Attorney David O

Co-written by Sarah Ann

“Ultimate Survivor Alaska” Star Flees From Hospital to Avoid Felony Theft and DUI Charges

“Ultimate Survivor Alaska” Star Flees From Hospital to Avoid Felony Theft and DUI Charges

Talk about survival skills…  After being crushed in a serious car accident Ultimate Survivor Alaska star, Tyler Johnson somehow convinced hospital staff to quickly write-up discharge papers so he could flee the hospital and escape from cops and the criminal charges of theft and DUI.

According to police reports, a few weeks ago Johnson had been drinking alcohol in Anchorage Alaska  when he decided to steal a car.  He took it on a drunken joy ride and then lost control, causing the car to flip.  Johnson wasn’t wearing his seatbelt and he was thrown through the front windshield.  Later he was found pinned under the car and was rushed to the nearest hospital.  Knowing that he had broken the law, Johnson went into survival mode… he must have been ignoring his serious bodily injuries while trying to convince the hospital staff he was fine, healthy, and ready to leave.  No average person would try to leave a hospital after being catapulted out a windshield and pinned under a car.  Johnson obviously was not your average person, because the extreme survivalist was granted the discharge and he was out before the police could grab him.

While on Ultimate Survival Alaska a reality show produced by National Geographic, Tyler Johnson was part of the Mountaineers Team and was said to have, “pioneered new ski descents and new ice climbing routes in Alaska.”  He is, “an expert in, among other things, ice climbing, ski mountaineering, and civil engineering.”

It could be very possible that Johnson is now surviving somewhere high in the Alaska Mountains, still hiding from the law.  If caught by police, Tyler Johnson would likely be facing charges of felony theft, DUI, and eluding law enforcement.

Alaska Mountains

 

 

 

 

 

Written by Sarah Ann

“I don’t believe I am guilty of the charge (DUI)” – FL State Rep. Dane Eagle

“I don’t believe I am guilty of the charge (DUI)” – FL State Rep. Dane Eagle

Republican Florida State Representative, Dane Eagle, was arrested for DUI (Driving Under the Influence) on April 21st.  Earlier today, Eagle had a media conference where he addressed his constituents about his DUI arrest and stated, ” I don’t believe I am guilty of the charge I was arrested for.”  He continued to elaborate on his innocence by providing a persuasive account of events that happened before the arrest.

Eagle recalls the evening before his arrest as Easter Sunday spent with friends and family, “and the day did involve alcohol.”  However, he only had “very few” alcohol beverages and they were consumed earlier that day, “I do admit to drinking a few drinks much earlier in the day before.  But that evening I did not.”  Later, around 2 am, Eagle drove to Taco Bell, “the only place I knew to be open,” and Eagle said he was, “overly exhausted and hungry.”

Eagle continued by saying,  “There are two noteworthy points to address. First I should have never been out in the early morning hours, driving on very little sleep and trying to eat the food I just purchased all at the same time. That kind of distracted driving is dangerous and I thank god no one was hurt. Second, the officer had every right to pull me over because of my driving. While I dispute his conclusions, I do not dispute that I was driving recklessly and had poor judgment in refusing the breath test.”

And finally, “I should have never put myself in this situation and I regret not taking the breath test because it would have cleared up this whole matter,” he said. “I’m not asking you to look past the mistake I made but asking you to understand that I will use this to learn and to grow. I will make this up to you.”

Dane Eagle provides a very convincing recollection of events preceding his DUI arrest.  He takes a strong position that he was not under the influence of alcohol but he admits and takes responsibility for making an unwise decision for driving recklessly.  Could his explanation be persuasive enough to convince a jury panel of his innocence should his DUI case go to trial, perhaps so.

The Tallahassee police reported Eagle was pulled over at 2:17 in the morning after he exited a Taco Bell drive thru and almost hit a curb while making a U-turn followed by running a red light.  Allegedly, police could smell strong odors of alcohol coming from his car and Eagle’s eyes were blood-shot and watery.  Also, police observed stumbling while Eagle exited his vehicle.  Eagle declined the DUI field sobriety tests and refused to take the portable breath test.  Eagle explained to the arresting officer that he had not been drinking that night and that his car smelled of alcohol because his friends who had consumed alcohol were recently been in the car, and lastly the stoplight was yellow when he proceeded to drive thru it, not red.

Who’s story is more believable?  State Rep. Dane Eagle’s DUI case may be transpiring into a classic “he said, she said” case, meaning if the case goes to trial it may be Eagle’s testimony vs. the arresting officer’s testimony to determine Eagle’s DUI guilt or innocence.  And if so… may the best speaker win!

 

Written by Sarah Ann